Chinese courts have long been perplexed by the problem of how to accurately ascertain and apply foreign law. There is a tendency to apply the lex fori, i.e., Chinese law, which is familiar to Chinese judges, on the grounds of failure to prove the foreign law, due to the fact that the judges lack convenient means in ascertainment.

The data of Chinese courts based on the annual Report of China’s Supreme People’s Court (SPC), delivered by SPC President Zhou Qiang at a meeting of the 13th National People’s Congress (NPC) on 9 March 2018.

Chinese courts have long been faced with the difficulty of civil judgments being effectively enforced. However, in recent years, Chinese courts have undertaken various measures, which lead to significant efficiency gains in the enforcement.

For decades, China has adopted rigorous criteria for the recognition and enforcement of civil and commercial judgments rendered by a foreign court. However, the situation will undergo considerable changes.